Early County District Attorney Under Fire

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A Blakely resident has filed a complaint against the Early County District Attorney's Office, claiming his assistant acted "irresponsibly and perhaps unlawfully."

The complaint stems from an incident that happened in July of 2006 and even though it's been eight months, the victim says it feels like a fresh wound.

"I just felt like I was trashed,” says Tabitha Davis. “They didn't care what happened to me."

Twenty-nine-year-old Davis is trying to go on with life after she says she was raped in her own home, in front of her two daughters.

Blakely resident, Demetrius Tolbert was initially charged with rape and three other felony counts.

But as part of a plea deal, agreed on by Assistant District Attorney David Mosley, those charges were dismissed and Tolbert pled guilty to aggravated assault and received 10 years probation.

Davis says she thought her attacker would stay in jail. "I was not aware that the plea would indicate all the charges would be dropped and he would not be accountable for rape and I wasn't pleased with it. What I told the officer was I want him to be charged with rape because that's what he did and what he did wasn't fair and he's got to pay."

John Vodicka is the director a civil rights organization out of Americus, Georgia.

His group monitors the courts, prisons, and law enforcement in South West Georgia.

He says that Ms. Davis' rights as a victim of violent sexual assault were violated. "Mr. Mosley, we think dropped the ball and dropped the ball pretty badly in that Ms. Davis was not part of the process at all other than a form letter from the victim's assistance program."

Both Vodicka and Davis want Mosley to be held accountable and say they won't give up without a fight.

News 4 did speak with Assistant District Attorney David Mosley Tuesday. He declined to go on camera, but did offer this statement: "I am sorry that Ms. Davis is upset about the outcome. But when we prepared the case for trial she was contacted by the prosecuting officer on the last plea day before court and consented to the plea."

Mosley says the rape case was difficult and he legally complied with the Georgia state law to involve the victim.

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